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Bankruptcy
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I understand that receiving court order papers from a debt collector can be an overwhelming experience. It is crucial to take action as soon as possible to protect your rights and financial well-being. You have a few options to consider at this stage: File a response to the case: It's essential to respond to the court order within the given deadli...
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Bill Henry
BankruptcyMay 2, 2023
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We do accept cases between private individuals, and every case at the firm has a paralegal assigned to it, in addition to an attorney.
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Bill Henry
BankruptcySep 20, 2021
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There is not enough information in your post to really assess whether you have a valid claim or not. The FDCPA only applies to debt collectors and the definition of who is a debt collector was recently limited. The FDCPA defines a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or insti...
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Bill Henry
BankruptcySep 15, 2021
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There is no clear answer to your question. The questionnaire would require that you have to answer yes that you are in an active Chapter 13 bankruptcy. In December the SBA issued a statement reversing their policy on not allowing people in bankruptcy to obtain the PPP loans. As long as you have a "confirmed plan of reorganization", which I assume y...
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Bill Henry
BankruptcyMay 9, 2021
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A county court judgment is valid for 6 years. There are opportunities to revive or continue the judgments past that timeframe. Also, if there was a judgment lien placed on real estate it will survive longer.
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Bill Henry
BankruptcyApr 28, 2021
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You could set up an account on Pacer.gov which would allow you to search their name and pay for and see any pleadings. In order to file a claim you would need to submit a claim form to the bankruptcy court. We offer those types of services at the firm and a free case assessment to discuss your matter.
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Bill Henry
BankruptcyFeb 11, 2021
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It is hard to know without seeing any paperwork related to this debt. If there was a lawsuit filed by the creditor for which a default judgment was entered they may be within their rights to attempt to collect on the judgment. You perhaps might have a valid argument if you were not properly served, but would need to see the court documents underlyi...
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Bill Henry
BankruptcyFeb 4, 2021
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They can charge interest on the debt. 8% is a typical rate based upon current collection practices. I don't like the fact that they won't give you something in writing that says whether or not the $204 per month payments include the interest or not. You certainly want to get something in writing once you pay it off showing the debt is satisfied.
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Bill Henry
BankruptcyDec 30, 2020
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Unfortunately identity theft can have a lasting impact on your credit. This will likely continue to happen as the debt is sold off from one agency to another. You can have a standing letter on file with the credit bureaus regarding the debt, but it won't do much with regard to the reporting aspect. You can always try to sue under the Fair Credit Re...
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Bill Henry
BankruptcyNov 11, 2020
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I see the SOL in colorado has passed for this debtor to sue, or continue to attempt to collect from me. I want to settle the debt, I am hoping they will take a cash settlement for a % of the total balance, in exchange for a full release of the lien. I wrote them a letter requesting this, and received a letter back stating they only negotiate over t...
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Bill Henry
BankruptcyOct 5, 2020
DisclaimerThe response posted is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.